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ELRCPartially AllowedJudicial Review Application (Ex-parte Muhoroni Youth Football Club), leave granted 16th June 2017· [2018] KEELRC 1563 (KLR)

Republic v Sports Disputes Tribunal & 3 others Ex-parte Moses Adagala & 2 others (suing as officials of Muhoroni Youth Football Club) [2018] KEELRC 1563 (KLR)

Employment and Labour Relations Court
5 July 2018
3,083 words in judgment
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The bottom line

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Kenya's Sports Disputes Tribunal cannot decide employment disputes—the Employment and Labour Relations Court quashed its ruling and confirmed only it hears such cases.

What this practically means

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Executive summary

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The ex-parte applicant, Muhoroni Youth Football Club, obtained leave and moved the Employment and Labour Relations Court seeking certiorari to quash a decision of the Sports Disputes Tribunal dated 22nd March 2017 in Tribunal Case No. 9 of 2017, prohibition against the Kenyan Premier League Limited from implementing that order, and that leave operate as a stay. The applicant contended the Tribunal acted ultra vires by determining an employment dispute without jurisdiction, contrary to natural justice, since employment matters fall exclusively within the ELRC under Article 162(2)(a) of the Constitution. The respondent did not appear. The Interested Parties, employees of the applicant, opposed, arguing the Tribunal had jurisdiction under Section 59(b) of the Sports Act and that the applicant had admitted jurisdiction before the Tribunal. The court held that Section 59 confines the Tribunal to appeals from sports organisations, consensual referrals and appeals from the Registrar; there was no consent to refer the dispute, as a response to a dispute cannot be imputed as consent. The dispute concerned breach and termination of employment contracts under the Employment Act, within the exclusive jurisdiction of the ELRC. The application succeeded: certiorari issued quashing the Tribunal's decision. However, the court made no orders for costs because the applicant's failure to defend before the Tribunal necessitated the application. Judgment was signed at Nairobi on 4th June 2018 by Maureen Onyango J and delivered at Kisumu on 5th July 2018 by Matheews Nderi Nduma J.

Key legal issues

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01

Jurisdiction of the Sports Disputes Tribunal under Section 59 of the Sports Act

Holding

The Tribunal only hears appeals from national sports organisations whose rules allow such appeals, sports-related disputes that all parties agree to refer, and appeals from the Registrar's decisions; it had no jurisdiction over the employment dispute

Reasoning

The court interpreted Section 59(a), (b) and (c) of the Sports Act. It found no consent by the parties to refer the dispute under 59(b): a response to a dispute cannot be imputed as consent, and any consent must precede reference. The statement of claim by the Interested Parties themselves showed the dispute concerned breach and termination of employment contracts under the Employment Act, so the Tribunal could not hear it.

p. 4
02

Exclusive jurisdiction of the Employment and Labour Relations Court over employment disputes

Holding

Article 162(2)(a) of the Constitution and Section 12(1) of the Employment and Labour Relations Court Act confer exclusive original and appellate jurisdiction on the ELRC over employment disputes, with only narrow exceptions for gazetted magistrates

Reasoning

Section 12(1) of the ELRC Act read with Article 162(2)(a) and (3) makes the ELRC's jurisdiction over employment disputes exclusive. Section 87(2) of the Employment Act provides no court other than the Industrial Court shall determine such disputes. The only exception is Section 29(3) and (4) of the ELRC Act allowing gazetted magistrates. None of these extended jurisdiction to the Sports Tribunal.

p. 5
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Consequence of acting without jurisdiction

Holding

A tribunal acting without jurisdiction acts in vain and its decision is a nullity liable to be quashed by certiorari

Reasoning

Relying on the Owners of Vessel Lillian 'S' v Caltex Oil principle that jurisdiction is everything and a court without jurisdiction must down its tools, the court held the Tribunal acted without jurisdiction in hearing and determining the dispute. Accordingly, the judicial review application succeeded and certiorari issued to quash the decision.

p. 5

Legal principles established

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  • The Sports Disputes Tribunal has no jurisdiction to hear employment matters; such disputes fall within the exclusive jurisdiction of the Employment and Labour Relations Court
  • Consent to refer a dispute to the Tribunal under Section 59(b) must be agreed before reference and cannot be imputed from a reaction or response to a dispute

Court orders

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  1. 1.An order of judicial review in the nature of certiorari removing into the Employment and Labour Relations Court the decision of the Sports Tribunal dated 22nd March 2017 in Sports Disputes Tribunal Case No. 9 of 2017 and quashing the same
  2. 2.No orders for costs

Authorities

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Legislation

  • Sports ActSections 56, 59(a),(b),(c)
  • Constitution of KenyaArticles 2(2), 162(2)(a), 162(2)(a) and (3), 169(2)(a)
  • Employment and Labour Relations Court ActPreamble, Section 2, Section 12(1), Section 29(3) and (4)
  • Employment ActSection 87(1),(2),(3)

Cases cited (4)

  • OWNERS OF VESSEL LILLIAN 'S' -V- CALTEX OIL (KENYA) LIMITED
    [1989] KLR 1653
  • SAMUEL MACHARIA & ANOTHER -V- KENYA COMMERCIAL BANK LIMITED & 2 OTHERS
    [2012] eKLR
  • KENYA RUGBY UNION -V- REGISTRAR OF SPORTS & 11 OTHERS
    [2015] eKLR
  • RUTH NDUNI MWITHUI -V- MOMBASA LINER & ANOTHER
    [2012] eKLR
Jurisdiction invoked
Judicial review jurisdiction of the Employment and Labour Relations Court pursuant to leave granted on 16th June 2017; Article 162(2)(a) of the Constitution and Section 12 of the Employment and Labour Relations Court Act

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Republic v Sports Disputes Tribunal & 3 others Ex-parte Moses Adagala & 2 others (suing as officials of Muhoroni Youth Football Club) [2018] KEELRC 1563 (KLR)", Case Analysis (2018). Judicial Review Application (Ex-parte Muhoroni Youth Football Club), leave granted 16th June 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1563/eng@2018-07-05

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.